Part time Worker Rights And Requests

Emily Gordon BrownLegal Assessment Specialist @ Lawhive

Updated on 24th July 2024

Part-time work offers the flexibility and balance that some of us crave and even need, as well as coming with specific rights that protect you, just like full-time employees.

This guide will help you understand what those rights are and how you can request changes to your working conditions, whether it's adjusting your hours, asking for flexible working arrangements, or making sure you get the right holiday entitlement to ensure that you are treated fairly and can address any issues that arise in your employment.

What is part-time work?

Part-time work refers to employment where an individual works fewer hours per week compared to a full-time employee. The exact number of hours can vary depending on the job and the employer, but part-time work generally involves working less than the standard 35-40 hours per week.

Part-time work offers flexibility for those balancing other commitments, such as studying, childcare, or other personal responsibilities. It can also provide a better work-life balance, allowing individuals to manage their time more effectively.

Do part-time workers receive the same benefits as full-time workers?

Part-time workers are entitled to the same benefits as full-time employees but on a pro-rata basis. This means they receive benefits in proportion to the hours they work.

For example, if a part-time worker works half the hours of a full-time worker, they will receive half the holiday entitlement.

What pay rights do part-time workers have?

Equal treatment ensures that part-time workers receive the same rights and benefits as full-time workers, without discrimination based on their part-time status. This is protected under UK law, specifically the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

Part-time workers must be paid at the same hourly rate as full-time workers doing comparable work. This means that if a full-time employee earns £15 per hour, a part-time employee doing the same job must also earn £15 per hour.

And, part-time workers should receive overtime pay only if they work more hours than the full-time equivalent. For instance, if full-time work is 40 hours per week, part-time workers should get overtime pay only for hours worked beyond 40 hours.

What equal working conditions do part-time workers have?

Part-time workers are entitled to the same working conditions as full-time workers, including access to the same tools, equipment, and resources needed to perform their jobs efficiently.

Any workplace policies and practices should apply equally to both part-time and full-time workers. This includes policies on breaks, dress codes, and workplace conduct.

What equal benefits do part-time workers have?

Benefits such as holiday entitlement, sick pay, and pensions should be provided on a pro-rata basis. For example, if full-time workers get 28 days of annual leave, a part-time worker working half the hours would get 14 days of leave.

Part-time workers should have equal access to training and career development opportunities as full-time workers. Employers should not deny part-time workers the chance to attend training sessions or professional development courses.

Part-time workers must also be considered for promotions and other career advancement opportunities on an equal basis with full-time workers.

Any additional benefits provided to full-time workers, such as bonuses, health insurance, and company discounts, should also be available to part-time workers on a proportional basis.

Are part-time workers able to request flexible work?

Yes, part-time workers can request flexible working. Part-time workers are protected under the same regulations as full-time workers when making a flexible working request.

That means they can apply for flexible working from their first day in a job.

Requests can include changes to working hours, times of work, or the place of work (e.g., working from home).

Employers must consider the request reasonably and respond within three months. Requests can only be refused for valid business reasons, such as additional costs or inability to meet customer demand.

How are part-time workers protected against discrimination?

Part-time workers are protected against discrimination through the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Equality Act 2010. These laws ensure equal treatment in terms of pay, benefits, working conditions, and opportunities for training and promotion.

The law sets out that part-time workers should not be treated less favourably in terms of pay, benefits, working conditions, and promotion opportunities unless the treatment can be objectively justified.

The Equality Act 2010 also protects employees from discrimination based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This act applies equally to part-time and full-time workers.

Employers must ensure their policies do not disadvantage part-time employees unless they can be justified as a proportionate means of achieving a legitimate aim.

How can part-time workers request changes to their working hours?

If you are a part-time worker and wish to change your working hours, you can make a request through the statutory flexible working request process.

To do this, you should write a formal letter or email to your employer including:

• The date of the request;

• A statement that this is a statutory request;

• Details of the changes you are seeking;

• When you would like these changes to start;

• Any previous requests for flexible working, including dates.

Your employer should discuss your request with you. They may agree, suggest an alternative, or refuse. If your request is refused, your employer must provide a written explanation stating the business reasons for the refusal.

What are the rights of part-time workers to request parental leave?

Both parents are eligible for parental leave if they have been with their employer for at least one year and have legal parental responsibility.

Eligible employees can take up to 18 weeks of unpaid leave for each child up to their 18th birthday and leave can be taken in blocks of one week, up to a maximum of four weeks per year for each child.

Employees are protected from unfair treatment and dismissal for taking or requesting parental leave.

What is the process for part-time workers to request parental leave?

To request parental leave, first, make sure you give your employer at least 21 days' notice before you intend to start the leave. The notice should be in writing and include the start and end dates of the leave.

Your employer must respond to your request and cannot unreasonably deny it. They can postpone the leave for up to six months if there is a significant business reason, but not if the leave is being taken immediately after a child’s birth or adoption.

You may need to provide proof of parental responsibility, such as a birth or adoption certificate.

Do part-time workers have the right to challenge discrimination or dismissal?

Part-time workers in the UK have the right to challenge discrimination and unfair dismissal.

Part-time workers are protected under the Equality Act 2010, which prohibits discrimination based on various protected characteristics, such as age, gender, race, disability, and more. This Act applies equally to both full-time and part-time workers.

Part-time workers should first use their employer’s internal grievance procedures to address any issues of discrimination or unfair treatment.

If internal procedures do not resolve the issue, part-time workers can take their case to an employment tribunal. The tribunal can rule on cases of discrimination and unfair dismissal, potentially awarding compensation or reinstatement.

What are an employer's obligations when an employee switches from full-time to part-time work?

When an employee switches from full-time to part-time work, the employment contract must be updated to reflect the change in working hours. This includes specifying the new working hours, salary adjustments, and any changes in benefits.

Employers should provide a written statement of the changes to the employee's terms and conditions within one month of the change.

Changes to working hours and conditions should be agreed upon by both the employer and the employee. The employee’s consent should be obtained before making any contractual changes.

Following the switch, benefits such as holiday entitlement, sick pay, and pensions should be calculated on a pro-rata basis, meaning part-time workers receive these benefits in proportion to the hours they work.

How do I request part-time work?

If you're considering switching from full-time to part-time work, you can make a flexible working request, provided you haven't made more than one request in the past 12 months.

You can do this through a formal letter or email to your employer. They should consider your request and discuss it with you.

If your request is refused, your employer must provide valid business reasons. You have the right to appeal this decision and, if necessary, take the matter to an employment tribunal if you believe your request wasn't handled reasonably.

Can my employer reduce my hours without consent?

In general, your employer cannot reduce your working hours without your consent. Any change to your working hours constitutes a change to your employment contract, which requires your agreement.

According to ACAS (Advisory, Conciliation and Arbitration Service), employers must consult with employees and seek their agreement before making changes to the terms and conditions of their employment, including working hours.

If your employer wishes to reduce your hours, they should enter into a consultation process with you to discuss the proposed changes and the reasons behind them.

During this process, you have the opportunity to negotiate the terms and possibly propose alternative solutions that may not involve reducing your hours.

If an employer reduces your hours without your consent, this could be considered a breach of contract. In such cases, you might have grounds to take legal action for constructive dismissal if you choose to resign because of the imposed changes.

You can seek advice from organizations like ACAS or Citizens Advice and potentially take your case to an employment tribunal if you believe your rights have been violated.

How can Lawhive support?

If you need help with any issues related to part-time work, such as requesting changes to your hours, handling disputes, or understanding your legal rights, Lawhive is here to help.

Our experienced network of employment lawyers can provide expert legal advice and support to ensure that your employment rights are protected.

Contact us today for a free case evaluation to find out more.